The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-07-06
The Trial of Hamilton and Eubank.

The Trial Of Hamilton and Eubank.
At four O'Clock Monday evening the
case of the State Is. j. S. Hamilton and
L. M Eubank, charged with the murder
of r. d. Gambrell, was called and the
defendants were brought into court, all
the attorneys for the prosecution and
the defense being present. Whereupon
came on to be heard the following plea
in abatement which the defendants
offered:
In the Circuit Court in and for the
First District of Kinds county, June
Term, A. D., 1887.
STATE OF MISSISSIPPI,
JONEs ;. HAMILTON AND l.. N.
EUBANK.
And the said defendants Jones :.
Hamilton and L. NJ Eubank, in their
own proper persons come and for plea
say: That the indictment in this case
against them is not an indictment found
and returned into court in the manner
required by the constitution and laws
of this State in this Presently after the
grand jury empaneled sworn and charged
at the present term of the said court to
inquire Of and concerning the alleged
crime with which the defendants are
falsely charged, had retired to consider
Of the same one Robert y. Miller, the
District Attorney of this the Ninth Ju-
dicial District, did 20 into the room
occupied by the said grand jury, with
out lawful authority 50 to do, and did
preside over its deliberations or at the
same, or as an adjunct thereof, and did
then and there 50 continue to be from
hour to hour and from time to time,
during their session had in this behalf; ;
and did then and there, without lawful
authority, collect, arraign and present,
for their consideration and without their
direction or request, certain sO-called
dispositions of witnesses, examined on
the application of defendants for the
writ of habeas corpus to the Hon. f. q.
PeytOn, Chancellor, etc, for their con-
sideration and action, and did then and
| there advise, persuade and cOerce them
to consider the same without the said
witnesses being called to testify as the
law requires, and without the said sup
posed dispositions having been read over
to, and approved and signed by said
supposed witnesses or otherwise certi-
fed to be true; and did not then and
there cause to be produced TO the said
grand jury any evidence whatever
against defendant Eubank and did not
hand to the said grand jury the so
called dispositions Of all the witnesses
examined before the said Chancellor,
the same being of equal verify with
those actually produced, he, then and
there well knowing that most if not all
OF said witnesses were easily in reach of
the process of this court, and could be
orally examined, and Intentionally eX-
Guiding from those called sundry eye
witnesses of the transaction to him well
known; and did then and there continu-
ally, persistently and unlawfully attend
the sessions of the said grand jury and
without thereto being required by them,
and without lawful authority, did as
sumo and exercise exclusively the Office
and function of examining and did ex
anime the few witnesses, most of whom
were not witnesses of the transac-
| ton, so called by his direction as afOre-
said; and did argue and discuss before
end in the presence and hearing of said
grand jury, and after they had declined
| to comply with his wishes by vote, and
had in fact ignored a bill of indictment,
the necessity for finding the said in.
| dictment, and did urge and insist on
the same continuously up to the time
| the final vote was taken as to the find
| ing or not of said indictment, and did
not retire before said final vote was
a, e.
constraining their action and was present
at and during the taking of said final
vote; and did then and there and after
the said grand jury had by vote refused
and failed to find an indictment, con-
stitute himself unlawfully part of said
grand jury, and did persuade and direct
the said grand jury as to their so-called
imperative duty, in view of the recent
action of the Chancellor on defendants,
said application to find said indictment,
saying in substance among other things:
eff you fail to indict you cannot face
public opinion when you go out of this
room and everybody will think you
have been bribed;" and by his presence
and active personal efforts did cajole,
| intimidate and over-awe the said grand
jury, and did unlawfully induce, coerce
and bring about the finding of said
indictment after the said grand jury
had failed to respond to his unlawful
appeals, without which said clamorous
and unlawful conduct the said indict-
ment never would have been found and
returned, and this defendants are ready
to verify. Wherefore he prays judg
ment of the said indictment and that
the same abate and be quashed.
JONES 5. HAMILTON,
l.. NJ. EUBANK.
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